The defendant is charged [in count __]
with the possession of a controlled substance, specifically <insert type of
substance>.1
The statute defining this offense imposes penalties on any person who possesses
any controlled substance, except as authorized. <Insert type of substance>
is a controlled substance.

For you to find the defendant guilty
of this charge, the state must prove beyond a reasonable doubt that the
defendant knowingly possessed or had under (his/her) control <insert type of
substance.>

You must first find that the
substance was <insert type of substance>. [<If the substance is marijuana:> You must also determine whether the amount
allegedly possessed by the defendant was (more than one-half ounce but less than four ounces / four ounces or more).] <Summarize
the evidence presented as to the nature and quantity of the substance.>

[<Insert if applicable:> The
defendant does not claim that he was authorized to possess a narcotic substance
as a person having a special privilege or a license under the statute.]

"Possession" means either actual
possession or constructive possession. Actual possession means actual physical
possession, such as having the object on one's person. Constructive possession
means having the object in a place under one's dominion and control.

Possession also requires that the
defendant knew that (he/she) was in possession of the <insert type of
substance>. That is, that (he/she) was aware that (he/she) was in
possession of it and was aware of its nature. The state must prove beyond a
reasonable doubt that the defendant knew that (he/she) was in possession of <insert
type of substance>. <See
Knowledge, Instruction 2.3-3.>

<If some form of constructive
possession is alleged, see
Possession, Instruction 2.11-1.>2

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant knowingly possessed <insert type
of substance>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
possession of <insert type of substance>, then you shall find the
defendant guilty. On the other hand, if you unanimously find that the state has
failed to prove beyond a reasonable doubt any of the elements, you shall then
find the defendant not guilty.
_______________________________________________________

1
Subsection (a) prohibits the possession of "any narcotic substance." Subsection
(b) prohibits the possession of "any quantity of hallucinogenic substance other
than marijuana or four ounces or more of a cannabis-type substance." Subsection
(c) prohibits the possession of "any controlled substance other than a narcotic
substance, or a hallucinogenic substance other than marijuana or . . . one-half ounce or more but less than
four ounces of a cannabis-type substance." The difference between the three is
in the punishment. Thus, this statute covers the possession of any controlled
substance. If the substance is marijuana, the jury must determine the amount.

The court should indicate the
specific substance(s) according to the allegations of the information. See
Defining the Controlled Substance in the Introduction to this section for
applicable definitions. Also, the parties may be willing to stipulate to the
nature of the substance. See
Stipulations, Instruction 2.6-9.

2
Ascertain from counsel what form of possession is alleged. The definition
should be narrowly tailored to the allegations.

Commentary

Effective July 1, 2011, the possession of less than one-half ounce of a cannabis-type substance is an infraction.

Subsequent offendersGeneral
Statutes § 21a-279 (a) and (b) provide for an enhanced sentence if the defendant
has previously been convicted of one or more violations of § 21a-279. Pursuant
to Practice Book § 36-14, the prior conviction must be charged in a Part B
information so that the jury is unaware of the prior conviction during the trial
on the current charge. If a guilty verdict is returned, the jury must then be
instructed on the second part of the information. See
Subsequent Offenders, Instruction
2.12-2.

Sentence EnhancerSection 21a-279 (c) provides an
enhanced penalty if the violation occurs in, on or within 1500 feet of a
school and the defendant is not a student at the school, or within 1500 feet
of a day care center. The jury must find this fact proved beyond a
reasonable doubt. See Sentence Enhancers,
Instruction 2.11-4.